The Highball - Railroad Workers United

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The Highball - Railroad Workers United
Volume 15 Number 1                                                                                                           Winter 2022

                                         The Highball                         Official Publication of
                                                           Railroad Workers United
UAW Membership Approves Referendum to Bring “One-Member-One-Vote” to the Union
In a national referendum in the Fall, the members of the United
Auto Workers (UAW) voted overwhelmingly to adopt a direct vot-
ing system for choosing their union leadership by “one member,
one vote” instead of the traditional practice of delegates voting
at convention. The union joins with just a few others in the Unit-
ed States – including the Teamsters (see Article below), the Unit-
ed Mineworkers Union (UMWA), and the Brotherhood of Locomo-
tive Engineers & Trainmen (BLET).
It's a historic win for reformers in one of the nation’s most im-
portant unions, where members have pushed for this change for
decades. Most local unions voted in favor of the change, with
both traditional large assembly plant locals – including those
that were on strike at John Deere - and university locals leading          More than 10,000 members of the UAW went on strike against John
                                                                           Deere for 5 weeks in the Fall of 2021. Two tentative agreements were
the way.                                                                   rejected before an acceptable agreement was ratified. While they may
“The strike no doubt gave us a unique perspective, the referen-            not have won everything they were entitled to, their determined, uni-
dum ballots going out right on the top of our strike,” said Deere          fied resolve conquered significant gains that would never have been in
worker Nolan Tabb of UAW Local 281. Tabb believes elections at             play had they not resisted.
the top will mean accountability for leaders who negotiate bad
contracts: “The good old boys system has been held in place            2008. RWU was involved in supporting – and protecting - the
because they’re not elected spots. Not only do we not have con-        direct election system established in the BLET more than a doz-
trol over who gets put into those positions, but we don’t have         en years ago, the only rail union to date to have adopted this
control over getting those people out of those positions.” He said     democratic system of electing top officers.
the result “clearly validates the perspective that the rank-and-file
members will no longer just keep it 'business as usual' - neither      But winning the right to vote for the union’s top leadership is a
with the company perpetuating corporate greed, nor the good            hollow victory unless there is an organized group of workers
old boys system that's gone unchecked and unaccounted for in           ready, willing and able to run for office. In the BLET for example,
our leadership.”                                                       there was initially a partially contested election in 2008, but no
                                                                       opposition to the incumbents ever since. That may change this
Railroad Workers United has advocated for a “one-member-one-           round as members may be inspired by rank and file movements
vote” system for elections in rail unions – at the local, General      and victories in both the UAW and the Teamsters union (see
Committee and National Division levels - since our founding in         Article below).

Insurgents Win Top Office in the Teamsters Union in Fall Elections
The election results this past November in one of the biggest          and other competitors in the union’s core industries, and with-
unions in the United States – The 1.3-million-member Interna-          draw support from politicians who don’t deliver on union de-
tional Brotherhood of Teamsters (IBT) – were decisive. The             mands. Essential to organizing at Amazon or anyplace else,
Teamsters United slate swept to victory, defeating their rivals 2      O’Brien argues, is winning enviable contracts for the existing
to 1 and winning a controlling majority on the union’s 27-seat         Teamsters. “Our biggest selling point to potential members is
International Executive Board.                                         showing in black and white what a union contract can do,” he
It’s the first time in almost a quarter-century that a coalition       said. “We’ve got to have a grassroots campaign to engage our
backed by the rank-and-file caucus group - Teamsters for a Dem-        members working in similar industries and showcase what
ocratic Union (TDU) - has taken control of the international union,    Teamsters can do — and that means negotiating strong con-
after coming up short in elections since the 1990s, unable to          tracts that people want to be part of.”
defeat the James Hoffa machine. With Hoffa retiring, the flood-        In UPS negotiations in 2023, he says, the union must abolish
gates of discontent opened wide and resulted in new leadership         the second tier of drivers, raise the starting pay of part-timers
and hopefully, a new direction for the union.                          from $14 an hour to $20, and crack down on subcontracting
The incoming president, Sean O’Brien, says his top priorities are      and Uber-like deliveries by “personal vehicle drivers.” He and his
to unite the rank-and-file to take on employers, organize Amazon       running mates have pledged to strike UPS if necessary.
                                                                       .

                                                                                                                            Continued on Page 3
The Highball - Railroad Workers United
The Highball                                                                                                  Winter 2022
                                                                        RWU News
RWU to Conduct 8th Biennial Convention in June of 2022
RWU will conduct                                                                                                  reports and dis-
our 8th biennial                                                                                                  cussion of issues
Convention in Chi-                                                                                                of concern to rail-
cago on June 16th                                                                                                 road workers. By
and 17th, 2022.                                                                                                   Friday afternoon,
All members in                                                                                                    we will Segway
good standing are                                                                                                 into the Labor
invited to register                                                                                               Notes conference,
and attend, take                                                                                                  where we will take
part in all proceed-                                                                                              part in numerous
ings, vote on all                                                                                                 workshops      and
issues that come                                                                                                  panels with other
before the body,                                                                                                  workers – long-
and to run for a Nancy Lessin, long time Health and Safety Advocate with the Steelworkers Union, giving a presen- shore,    airline,
position the Steer- tation on the pitfalls of standard Behavior Based Safety Programs at the 2018 RWU Convention. trucking,   ware-
ing Committee.                                                                                                    house and others
Due to the Covid pandemic, our 7th Convention was an abbrevi- – extending our reach and solidarity to other workers along the
ated one-day affair meeting virtually by Zoom in April, 2020. This supply chain and in the greater labor movement.
year’s Convention will be the first time that the membership will There will be plenty of time for socializing and to meet-and-greet
have come together face-to-face in more than 4 years! We highly every evening starting Wednesday night and continuing right
recommend that all members attend and encourage your partici- through the Labor Notes conference and the conclusion of the
pation in all aspects of the Convention.                               weekend.
As in the past, the event will be held in conjunction with the bi-
                                                            But understand, this is not and old union get together. We will
ennial Labor Notes conference which brings thousands of work-
                                                            not be golfing. There will be no long and drawn out obscure and
ers and union members together every two years for a dynamicirrelevant bylaws changes subject to endless debate. There will
weekend of workshops, industry meetings, presentations and  be no self-congratulatory showmanship, no long and boring
plenaries all geared towards, “putting the movement back in the
                                                            speeches by politicians and bureaucrats. Get ready for a lively
labor movement.” We encourage all members – working rails,  and rousing get together of rank-and-file railroad workers and
family members, retires and solidarity members to register for
                                                            our allies as we address the issues, debate questions of policy
both the RWU Convention and the Labor Notes conference and  and build the movement for Solidarity, Unity and Democracy. We
enjoy all four days.                                        will see you in Chicago – railroad capitol of the world – in June
The RWU Convention will deal with internal business, this spring! For more information - including registration, lodg-
(resolutions, bylaws amendments, Steering Committee and Ex- ing, activities and more - check the links to Convention infor-
ecutive Committee nominations and elections, Committee      mation on the RWU website at railroadworkersunited.org.

                Railroad Workers United                                                  International Steering Committee
 Railroad Workers United was organized in April 2008 at a Founding Convention in               Chuck Corsini, SMART #587, UP, Chicago, IL
 Dearborn, MI. RWU grew out of decades of struggle within the craft unions for unity,       Jason Doering, SMART #1117, UP, Las Vegas, NV
 solidarity, and democracy. We are carrying on a tradition of rank & file activity            Ross Grooters, BLET #778, UP, Des Moines, IA
 which dates back to the 1890s and the time of Eugene V. Debs.                                 Ron Kaminkow, BLET #51, Amtrak, Reno, NV
                                                                                              Fritz Edler, BLET #482, AMTK, Washington, DC
 RWU is a cross-craft inter-union caucus of rail labor activists across North America.           Hugh Sawyer, BLET #316, NS, Atlanta, GA
 All rail workers of all crafts from all carriers who support our Statement of               Phil Stevenson, SMART #376, CSX, Ashland, KY
 Principles are welcome to join in our efforts. Please write, call, or email. See the        Tabitha Tripp, (family) BMWED #17, CN, Anna, IL
 contact information below.                                                                    Andrew Weir, TCRC-LE #240, CN, Sarnia, ON

                                                                                                               Alternates
                Statement of Principles                                                      James Wallace, BLET #621, BNSF, Lincoln, NE
                         Unity of All Rail Crafts                                         Chuck Abbate, SMART-TD #898b, KEOLIS, Boston, MA
                                                                                            Mathew Groix, BLET #217, NS, Shenandoah, VA.
                     An End to Inter-Union Conflict
                       Rank-and-File Democracy                                                                 Trustees
                   Membership Participation & Action                                           Jon Flanders, IAM #1145, CSX, Selkirk, NY
                    Solidarity Among All Railroaders                                        Ed Michael, BLET #724/UTU #979, UP, Salem, IL
                                                                                                 Chet Whyers, UTU #979, UP, Salem, IL
                    No to Concessionary Bargaining

             www.railroadworkersunited.org ⚫ info@railroadworkersunited.org ⚫ 202-798-3327 or 202-RWU-DEBS
                                            RWU P.O. Box 2131 Reno, NV 89505

                                                                            Page 2
The Highball - Railroad Workers United
The Highball                                                                                                Winter 2022
                                   Labor
Insurgents Win Top Office in the Teamsters Union in Fall Elections
Continued from Page 1                                                   has been campaigning since 2008 for a single bargaining
In the last elections five years ago, rail labor voted strongly for     coalition of all rail labor to maximize power and win better
the opposition slate, in a show of discontent for the status quo.       contracts. If the BLET and the BMWED were to put aside past
When the two rail unions affiliated with the IBT more than 15           squabbles and come together in unity and solidarity, rail workers
years ago, they were promised better service, better contracts          could see a historic convergence of all of their disparate and
and more power. But many rail Teamsters have not felt the affili-       fragmented unions. According the RWU General Secretary Ron
ation with the larger union has resulted in much benefit. This          Kaminkow, “We have high hopes that the new Teamsters’
time around the two affiliates were split, with the Brotherhood of      administration will assist in ushering in a new era of solidarity,
maintenance of Way Employees (BMWED) membership voting                  unity, and democracy among all rail unions, leading to our long-
largely for the Teamsters United slate, while the Brotherhood of        cherished goal of “One Big Bargaining Coalition.” (See Page 5)
Locomotive Engineers & Trainmen (BLET) ranks tended to vote
for the Teamster Power slate, largely because the national divi-
sion President Dennis Pierce was part of that slate. The nearly
opposite vote percentages from the two unions reflected the
deep divisions and animosity that has existed between the two
unions in recent years, despite both being members of the
Teamsters Rail Conference (TRC).
How the victory will affect rail labor – particularly the TRC affili-
ates – BLET and the BMWED - remains to be seen. For years,
these two labor organizations – despite being under the
“umbrella” of the TRC – have been at odds. Their respective
leaderships have engaged in a war of words, and in the last few
rounds of bargaining, refuse to stand together. Rather, they
have sought out other bargaining partners from the myriad rail
craft unions.
January 10th, RWU sent a letter of congratulations to the win-          A few dozen workers walked out of an Amazon fulfillment center in
ning slate, offering our services and support, and requesting           Cicero, IL days before Christmas. Can new IBT President Sean O’ Brian
that – upon assuming office in March – the new leadership do            tap into this growing discontent against the barbaric working condi-
what it can to bring unity to the Rail Conference affiliates. RWU       tions with a successful organizing drive at Amazon?

                                                           Book Review
Rebel Rank and File: Labor Militancy and Revolt from Below During the Long 1970s
Edited by Aaron Brenner, Robert Brenner, Cal Winslow
                                       This was originally pub-         chapter on the women's movement's interaction in labor in the
                                       lished in Red Fault, the         period, the authors chart the drastic increase in wildcat and
                                       newsletter of the Austin, TX     base-led strikes. Documenting the failure of union leadership to
                                       chapter of Democratic So-        prepare for or respond to capital's onslaught in the face of
                                       cialists of America.             falling profits and, in the case of auto, Black worker resistance
                                                                        to racist managers and union leaders, they follow the exciting
                                          An inspiring history of the   rise and then the depressing fall in workers' strikes and other
                                       "long 1970s", the last           self-activity.
                                       major labor upsurge in the
                                       United States which lasted       However, as long-timers in the labor movement, they also
                                       from the early 1960s             discuss reasons for the downturn. Despite the strong similarities
                                       through 1981.                    they were facing - speed-up, safety and decreased union control
                                                                        of the worksite - there was little or no communication or
                                       A collection of essays from      cooperation across industries. Outside of small numbers of
                                       many activists involved in a     radicals who had "industrialized", there was little influence in the
                                       wide variety of unions, the      labor movement. The main chapters plus overviews by several
                                       book presents the rank-and       major figures including Kim Moody will help prepare labor
                                       -file militancy of the period.   activists of today get ready for the fire next time.
                                       Covering the first major
                                       successful           reform      ––Joshua F
                                       movement, Miners for             Joshua F has worked 18 years as a bus driver, mostly in ATU jobs and
                                       Democracy in the United          several years as US Airways cabin crew in AFA. He has been a rank
                                       Mine Workers through             and file activist, a local officer in ATU and AFA as well as an organizer
                                       Team s t ers , t eachers ,       for AFA. He currently works for the University of Texas, is a member of
                                       telephone and auto plus a        a subsidiary of a CWA and is a solidarity member of RWU.

                                                               Page 3
The Highball - Railroad Workers United
The Highball                                                                                            Winter 2022
                                                      Covid 19 News
                           RWU Statement on Vaccine Mandates
The Union Pacific Railroad and other rail carriers don’t care about
 the health interests of railroad workers. Their vaccine mandate
              has nothing to do with fighting COVID.
While Railroad Workers United denounces corporate vaccine
mandates, we acknowledge the need for worker solidarity, in-
cluding vaccines, for our collective health and safety.
Railroad employers have long disregarded the health and safety
of their workers and the public. In May of 2020, near the begin-
ning of the COVID-19 pandemic, Railroad Workers United
passed a resolution calling for the rail carriers to take the neces-
sary steps to protect their workers. These steps included tem-
perature testing for employees in the workplace, making availa-
ble masks and sanitizer, limiting the number of crews to be
transported in a vehicle, and full pay and benefits for employees
required to quarantine due to exposure or illness. The railroads
refused or were slow to implement these protections, choosing
instead a business-as-usual approach which put workers at risk.
On top of their refusal to implement needed COVID-19 protec-
tions, railroads simultaneously furloughed and laid off workers,
while using potential COVID-related workforce shortages to capi-
talize on the crisis by demanding and receiving rollbacks to nu-
merous longstanding Federal regulations regarding safe railroad
operations. The predictable result of this neglect by the major
rail carriers led to the illness and death of many railroad work-
ers. While naming us “essential,” railroads continued to make
billions in profits at the expense of worker health and safety, and
employment.
                                                                       Top: Nurses and supporters stand in a picket line outside St. Vin-
                                                                       cent Hospital in Worcester, Massachusetts during recent, victorious
                                                                       10 month strike. Slogans include, “Safe Staffing Now”, “If Nurses
                                                                       are out HERE, Something is Wrong in THERE” and “Picketing for our
This is the time for our humani-                                       Patients and our Community.” Bottom: Chicago Teachers Union pro-
                                                                       testing unsafe working conditions, which jeopardize their health,

ty and our basic solidarity with                                       their students’ and by logical extension, the general community.
                                                                       More than ever, rails need to question the status-quo, business-as-
                                                                       usual terms of engagement, to more effectively fight for our dignity,
our own co-workers to come to                                          our health, our safety, as well as that of the public.

 the fore. In the US, over three-                                      This is the time for our humanity and our basic solidarity with our
                                                                       own co-workers to come to the fore. In the US, over three-
  quarters of a million people                                         quarters of a million people have died due to COVID-19. Deaths
                                                                       only tell a partial story. The truly devastating issue for railroaders
  have died due to COVID-19.                                           and all working people will be moving forward with the long-term
                                                                       impacts to people's lives and their health. This impact will
                                                                       change everything, including our healthcare costs for the next
                                                                       generation.
                                                                       Finally, we call on the railroad unions to fight for worker health
We know railroad carriers do not operate in the interest of work-      and safety, and move away from any and all support for so-
ers or the public. They had ample opportunity throughout the           called “behavior based safety.” As workers, we must not make
pandemic to bargain with the unions to implement measures to           personal decisions which negatively impact the safety of our
protect workers from COVID-19. Because of their history of disre-      fellow workers. Rather, our unions must bargain to implement
garding safety, we should all question the motives of companies        the best on-property agreements we can for our collective inter-
instituting vaccine mandates which extend beyond the bounda-           ests. Our unions must be front and center, fighting to ensure
ries of the Federal Executive Order. Rail carriers can’t be trusted    that the rail carriers provide a safe workplace for their employ-
on anything related to health and safety — instead, it requires us     ees and the public.
as union members and workers to fight for these protections.             Adopted by the RWU Steering Committee 11/16/2021

                                                              Page 4
The Highball - Railroad Workers United
The Highball                                                                                       Winter 2022
                                                       RWU Actions
                             RWU Resolution on National Rail Strike
In the context of the recent upsurge in resistance of workers, in various industries, nationally and internationally, the RWU Steer-
ing Committee passed the following resolution on Jan. 5th, 2022, to contribute to this critical discussion among railroad workers.
Whereas, the major freight rail carriers continue to refuse to bargain in good faith, leaving national negotiations with the unions at a
standstill; and
Whereas, these same carriers – represented by the National Carriers Conference Committee (NCCC) - have been making record
profits for years, including all through the pandemic; and
Whereas, Precision Scheduled Railroading, firings and furloughs; increased discipline and harassment; massive job cuts, short-
staffing, and chronic fatigue; together with unpaid claims and wholesale abrogation of the union contract has left railroad workers
frustrated, angry, and ready to fightback; and
Whereas, Countless workers in an array of industries nationwide are fighting back, organizing, striking, and winning; and
Whereas, current conditions appear to be ripe for railroad workers to mount a successful national strike, including but not limited to:
          ⚫ A general labor shortage where the rail carriers are unable to recruit and retain employees in the various crafts, including
              train and engine service.
          ⚫ Supply chains in crisis, as goods in transit are hampered at every turn.
          ⚫ Public opinion that has sided with striking workers throughout 2021.
          ⚫ The record profits generated by the carriers, together with their alienation of shippers, passengers and communities,
              which suggest that railroad strikers would enjoy vast public support.
          ⚫ Rail unions of late that have been largely standing together.
          ⚫ The fact that the carriers have attacked ALL rail workers, solidifying workers from all crafts, unions, and carriers.
          ⚫ The existence of a sitting President who claims to be “the most pro-labor President you have ever had.”
Whereas, such favorable conditions for rail workers outlined above have not existed for decades - if ever - and will not continue in-
definitely;
Therefore, Be it Resolved that RWU urges all railroad workers to consider the strike option, and to prepare for such a strike; and
Be it further Resolved that RWU urge the rail unions to educate their respective memberships on:
          ⚫ the Railway Labor Act (RLA) under which our actions are governed;
          ⚫ the history of rail strikes;
          ⚫ the benefits and risks of taking such action with webinars, printed materials, presentations at local union meetings, and
               other means of communication; and
Be it further Resolved that RWU urge the rail unions to poll their respective members for a strike vote so as to ascertain the willing-
ness of the respective memberships to take such action; and
Be it Further Resolved that RWU urge the rail unions to undertake informational picketing, “practice” strikes, and other high-profile
activities to mobilize the membership, put the carriers on notice we mean business, to educate the public as to our cause; and mo-
bilize our allies; and
Be it Finally Resolved, that the rail craft unions put aside their petty differences and take this opportunity to consummate a single
bargaining coalition of all rail labor in order to achieve the greatest possible solidarity, unity, and power.
                                            Adopted by the RWU Steering Committee 1/5/2022

             An Open Letter from RWU to the Newly Elected Teamsters National Leadership
Dear Teamster’s Union Leadership-Elect:
   Railroad Workers United (RWU) would like to take this opportunity to offer our heartfelt congratulations upon your victory in the
recent IBT elections.
   Many of us in rail are optimistic that the Teamsters United triumph can move the union forward on a new path, ushering in a
new era of rank-and-file action, internal union democracy and participation, member-to-member solidarity, and a unified labor or-
ganization, one committed to organizing new members, building rank & file power, mobilizing the membership, and winning better
contracts. As you are aware, railroad workers of the Teamsters Rail Conference across the board voted in favor of change in the
IBT elections five years ago, unhappy with the Hoffa leadership. While that was a heart-breaking loss, the resounding victory this
time around was worth the wait!
   RWU offers to work with the new IBT leadership upon assuming office. While the membership of our organization is drawn from
the ranks of all rail labor and all rail unions, a substantial number of our activists are Teamster members. But all our members –
and all railroad workers – have a keen interest in a strong and united Teamster Rail Conference and Teamsters union.
Please do not hesitate to call on our organization at any point you think we might be of assistance in your efforts to build Teamster
power and move the union in a new direction. All the best to all of you!

In solidarity,
Ron Kaminkow, General Secretary for the RWU Steering Committee

                                                             Page 5
The Highball - Railroad Workers United
The Highball                                                                                          Winter 2022
                                                        Commentary
Do Rails Have the “Right” to Strike?
Well it's certainly the understatement of the year, so far anyway,
to state the obvious that these are indeed interesting times we
are living through. There's a lot going on out there but I want to
focus here on the upsurge in working class resistance to the
status quo and the implications for rail workers. For rail workers
who've been beaten down for years, contending with barbaric
work/life schedules, as well as repressive, day-to-day working
conditions, it can be inspiring to see so many workers on strike
and/or spontaneous walkouts by workers, often not even union-
ized, because they’ve simply had enough.
Just as demoralization and defeatism can be contagious, so can
defiance and resistance. At this point in time there seems to be      Members of the Teamster Rail Conference on strike against CN in
some of that going around. If it can be half as contagious as the     Canada in 2019. Could this scenario be posed for US railworkers in
Omicron Covid variant, we might be on to something here. Hope-        this current round of negotiations?
fully we can ride this wave for a while and see where it takes us.
                                                                      throats by the House and the Senate, both voting in favor of this
So what does this mean for rail workers? Though I haven't             wretched concessionary contract by overwhelming majorities of
worked on the railroad for a few years, my hunch is that very         approximately 9-to-1. Reagan's signature was obviously a fore-
little has changed with this common scenario: Some of the             gone conclusion.
younger workers, still full of urine and vinegar, get all riled up    2) The 1991 national strike during the reign of President George
and are chomping at the bit, “Look at those Kellogg and John          H.W. Bush pretty much followed the same script, except we were
Deere workers on strike. Look at those Amazon workers protest-        only allowed to have a fleeting taste of our potential power for all
ing and walking off the job. That’s what we need to do!” Then         of 19 hours.
the older veteran, who’s been around the block a few times,
attempts to clarify the situation. In doing so he serves to put a     3) In 2011, President Obama, friend to all labor bureaucrats,
damper on the young workers’ admirable spirit of defiance, be         wouldn't even let us taste a "drop" of our potential power, put-
that intentional or not. “No we can't do that. We can't strike. If    ting the PEB wheels in motion a few hours before we were due
we even attempt it the government will shut us down with a            to hit the picket lines. This time, the BLE leadership encouraged
Presidential Emergency Board (PEB).”                                  its membership to simply accept the PEB's recommendations.
Unfortunately the older worker is absolutely 100% correct - on a    So while the RLA gives the federal government the “legal” right
certain level - regarding the facts. In the context of what rail    to intervene in our labor disputes, are we forever obliged to un-
workers are up against, eloquently articulated in RWU’s Strike      conditionally accept it? Was the RLA imposed by God Almighty
Resolution on Page 5, now’s as good a time as any to revisit the    himself/herself for eternity or is this simply legislation enacted
basic “highlights” of the Railway Labor Act (RLA).                  by mere mortal politicians, at the behest of the railroad “robber
                                                                    barons” in the earlier part of the 20th century, in response to a
Per the RLA the president has the legal authority to end any le- wave of rail labor militancy and strikes? You get three guesses
gally sanctioned strike with the stroke of a pen. Without going and the first two don't count.
too deep into all the sordid details of the RLA, the short version
is that he/she orders everybody back to work and commissions It’s long been my personal opinion that one day the government
a three person panel - the PEB. In theory one member would be will force rail labor to confront this issue. Do we continue to just
pro-rail carrier, another member would be pro-union and then accept these terms of engagement? There is sufficient historical
the other member would be the proverbial “neutral” arbitrator. precedent for limits on assemblies, picket lines, marches, back-
The operative formulation here is “in theory.”                      to-work-orders etc. being forcefully defied. The history of the
                                                                    struggle for social justice includes many instances of our forefa-
This board will then investigate the issues of the dispute. What's thers voting with their feet to reject any moral and ethical legiti-
the carriers’ position and what are their arguments to motivate macy of the “legal” restrictions imposed on them at the time.
and justify it? What's the unions’ position and what are their Many paid a price for their convictions, being savagely clubbed,
arguments to motivate and justify it? Then ultimately in a grand teargassed, mauled by vicious attack dogs, pummeled by high
spectacle of brotherly compromise - their version of, “Can’t we pressure water from fire hoses, jailed etc. and sometimes even
all just get along?” - they make their own proposals on what the shot down in cold blood. Without this heroic resistance, it’s fair
terms of the contract should be. The unions are given the oppor- to assert that we would not have labor unions today and Jim
tunity to ratify this proposed contract. If they reject it, the PEB Crow segregation would reign supreme. The lousy working condi-
proposal is then submitted to Congress where it is ultimately tions at Amazon would be something we could only dream of.
rubber stamped and signed by the president. Isn’t that special!
                                                                                                                         To be continued...
While there have been some regional and local disputes where
the federal government has intervened over the years, I'll high- Mark Burrows has served as Organizer and Co-Chair
                                                                     for RWU. He recently retired after hiring out in 1974,
light the three major national disputes that the federal govern- working as an engineer for a combined total of 37
ment squashed during my career.                                      years for the C&NW and the Soo Line/CP Rail in Chica-
1) After three days of the 1982 nationwide BLE strike, we were go, Illinois. He was SMART-TD 1433’s Delegate for the
ordered back to work by President Reagan. The proposed “agree 2011 & 2014 International Conventions and continues
-ment" from the ensuing PEB was then rammed down our                 to be an active member of RWU.

                                                              Page 6
The Highball - Railroad Workers United
The Highball                                                                                           Winter 2022
                                                            Editorial
2021: Small Victories and Positive Developments to Build On
The last few years have been bleak ones for railroad workers.           7 – UAW and One-Member-One-Vote: In December, after dec-
There is no denying it. But in 2022, several positive develop-          ades of organizing around the issue, rank and file members of
ments and small victories have occurred which – while any one           the Autoworkers Union (UAW) voted 2-to-1 to elect their top lead-
of them of them does not amount to much – taken together, sug-          ership through a one-member-one-vote election in the future.
gest that there is a breeze – if not a wind – of change afoot.          They join a handful of other unions that employ this democratic
Rather than go through a litany of what has been bad for rail           method Their efforts (combined with the recent election results
workers in recent years (for that, see the RWU Resolution on Na-        in the Teamsters union (see #5) have the power to inspire rail
tional Rail Strike, Page 5), here we will lay out the case that         workers to make important bylaws changes and throw out stale
things are starting to move in our direction. In making the case,       and conservative officials.
we hope to inspire railroad workers to believe in themselves            8 – Surface Transportation Board (STB): After years of compla-
once again and to believe that victory is possible, that better         cency and failure to reign in the Class One carriers, ignoring the
wages, benefits and working conditions are in fact, possible            detrimental effects of PSR, new Board Chair Marty Oberman has
when we act collectively and exercise our power as one, as a            been questioning the Class One freight carriers on service dis-
union.                                                                  ruptions, shipper dissatisfaction, and the general failures of
1 – Crew Consist: The carriers still have not been able to run          PSR, stating that the STB has the authority to “consider the best
trains with a lone crew member despite their intentions to do this      interests of shippers, the workforce, and most important the
now for more than 17 years. The Federal Railroad Administration         public” - not just the railroad carriers and their stockholders.
overturned the Trump era ruling that FRA has no business in reg-        9 – Federal Legislation: In addition to the Amtrak funding (see
ulating crew size. Proposed rulemaking is back on the agenda.           #3), the Infrastructure Bill:
And FRA has likewise reversed its previous ruling under rail CEO        ⚫ Contains more than two dozen Sections on improved rail safe-
Ron Batory that the existing state laws requiring a minimum of          ty, including stepped up funding for railroad grade crossing elimi-
two crew members stand and shall not be pre-empted by FRA.              nations and improvements; funding a study of the inherent safe-
Meantime, the unions of the operating crafts remain unified on          ty hazards of trains over 7500 feet in length; and a comprehen-
the question. And more states are considering crew consist legis-       sive blocked crossing reporting methodology.
lation.                                                                 ⚫ Restructures and reforms Amtrak’s Board, mission statement,
2 – LNG by Rail: The Pipelines & Hazardous Materials Agency             and other aspects of the corporation;
(PMHA) has promulgated a moratorium on the shipment of Liqui-           ⚫ Provides increased funding regional, commuter and transit;
fied Natural Gas (LNG) by rail. Until a few years ago, it was con-      10 – Possible Rail Strike: When NS started using engineers as
sidered too dangerous to move such large quantities of LNG by           conductors, the operating craft unions polled their members on
rail. In 2019, the Agency ruled that LNG could now be shipped by        a strike vote and jointly petitioned that this constituted a “major
rail. Now with a different administration, the PHMA has returned        dispute” and hence was a legally strikable issue. While nothing
to its traditional position, outlawing the practice, and keeping rail   has come of it to date, it has caused a stir within the ranks.
workers and communities safe.                                           11 – Rail Renaissance – Talk has escalated of the need for rail
3 – Amtrak Funding: The nation’s passenger rail carrier was             – freight and passenger – national and globally, as the key to a
granted what is probably the largest amount in its half century         green transportation future. Rail is on the agenda in a way it has
history, with plans to expand frequencies, routes, and services.        not been for decades. Numerous groups – new and old – are
This will bode well for rail labor and will result in many good un-     taking up the cause of rail expansion and development across
ion jobs being created.                                                 the country. And many governments around the world are pro-
4 – FRA Rechartering of the Railroad Safety Advisory Committee          moting rail expansion as a key component of their climate strate-
(RSAC): The FRA has restored RSAC membership numbers to                 gy going forward.
their previous level and has removed the cap on membership              In the face of these developments, the rail unions have a golden
limits in working groups. Through this action, the agency hopes         opportunity to go on the offensive, and potentially achieve better
to build upon the legacy of accomplishments in issuing consen-          wages, benefits, working conditions and expanded employment
sus-based rulemakings (which includes rail unions) to ensure a          opportunities. There is a key role for rail labor to play in keeping
safe rail transportation system and advance rail safety.                rail front-and-center in the public mind. Momentum is in our fa-
5 – Teamsters Elections: After 25 years of Hoffa rule, the Team-        vor on many fronts right now. There exists a great opportunity to
ster union – parent union to nearly half of rail labor – is soon to     move our agenda forward if we recognize the unique opportunity
be led by a new group of officials who have pledged to make the         that this moment in history has presented to us. Let’s build on
union more democratic, militant, and proactive.                         what has been achieved this past year or so and keep moving
                                                                        forward.
6 – Strike Wave: Workers have been quitting, switching jobs and
most importantly – striking – in industries across the U.S. Many
of them – like railroaders – are essential workers who labored
faithfully throughout the pandemic, were extolled as national
heroes, and then stood up by management at the bargaining
table. Polls suggest that the American people overwhelmingly
support their efforts. Rail workers might be safe to assume that
should we strike, we could win favorable support from the public
as well, by effectively stating our case.

                                                              Page 7
The Highball - Railroad Workers United
The Highball                                                                                                     Winter 2022

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